New Books in Law

Even without the loss of the City of London from its jurisdiction, the EU has gone through a decade-long revolution in financial supervision and regulation since Lehman Brothers’ bankruptcy in 2008.The directives and regulations introduced in the wake of the crisis took years to negotiate, implement and stress-test against political reality in the last five years. The second wave of the crisis, which exposed the “doom loop” between fiscally weak states and their pet banks, spawned the European Banking Union but left some crucial remedial work undone.In this update of their 2015 edition of European Banking and Financial Law (Routledge, 2020), Matthias Haentjens and Pierre de Gioia Carabellese provide a comprehensive description and analysis of this growing body of new law, its origins, and policy implications.Matthias Haentjens is professor of law, director of the Hazelhoff Centre for Financial Law at the University of Leiden, and a deputy judge in the district court of Amsterdam.*His book recommendations are Stalingrad by Vasily Grossman (1952 – translated by Robert Chandler – Harvill Secker, 2019) and Made at Home by Giorgio Locatelli (Fourth Estate, 2017).Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is the Indo-Pacific already the most dominant in terms of global power, politics, and wealth? In his newest book, Michael R. Auslin considers the key issues facing the Indo-Pacific which have ramifications for the entire world. Geopolitical competition in the region threatens stability not just in Asia, but globally. In a series of essays, Asia's New Geopolitics: Essays on Reshaping the Indo-Pacific (Hoover Institution Press, 2020) Auslin examines the key issues that are changing the balance of power in Indo-China and globally. He examines China's aggressive global policies and strategies, and its attempts to bend the world to its wishes. He argues that the global focus on the Sino-US competition for power has obscured "Asia's other great game" - the rivalry between long-time foes, China and Japan. He questions whether Kim-Jong-un can control his nuclear weaponry and the implications for safety if he cannot. Auslin examines the plight of women in India and asks whether its "missing women" are potentially hampering any role that India might play on the global stage. Underlying these concerns, the book analyses U.S. strategy in region. If there is be a shift in the global balance of power, what role can and should the U.S. take in limiting China's hegemony? The dramatic final chapter paints a bleak picture of a Sino-American Littoral war in the very near future. Is this the geopolitical trajectory in the Indo-Pacific? Michael R. Auslin offers a "future-history" of what soon could be. Michael Auslin, PhD, is the Payson J. Treat Distinguished Research Fellow in Contemporary Asia at the Hoover Institution, Stanford University. A historian by training, he specializes in US policy in Asia and geopolitical issues in the Indo-Pacific region.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A core duty of government is keeping those it governs safe. However, in modern democratic states, government is structured by a Constitution, which establishes constraints and checks on the power of any one office. But emergencies – from natural disasters to terrorist attacks – often call for a swift response that presses against those constraints and checks. In the United States, the President has claimed the authority to do what’s necessary to secure and protect the American people. Can such claims be squared with a commitment to the Constitution?In Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism (Yale 2021), Thomas Crocker argues for a conception of American constitutionalism that can address the need for government to respond to emergencies without losing its normative bearings. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law.In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence.Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Whether engaged in same-sex desire or gender nonconformity, black queer individuals live with being perceived as a threat while simultaneously being subjected to the threat of physical, psychological, and socioeconomic injury. Attending to and challenging threats has become a defining element in queer black artists’ work throughout the black diaspora. In Black Queer Freedom: Spaces of Injury and Paths of Desire (U Illinois Press, 2020), GerShun Avilez analyzes the work of diasporic artists who, denied government protections, have used art to create spaces for justice. He first focuses on how the state seeks to inhibit the movement of black queer bodies through public spaces, whether on the street or across borders. From there, he pivots to institutional spaces--specifically prisons and hospitals--and the ways such places seek to expose queer bodies in order to control them. Throughout, he reveals how desire and art open routes to black queer freedom when policy, the law, racism, and homophobia threaten physical safety, civil rights, and social mobility.Order this book through University of Illinois Press and use this code to get a discount: F20UIPGerShun Avilez is an associate professor of English at the University of Maryland. He is the author of Radical Aesthetics and Modern Black Nationalism.John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. John is on Twitter at @marsjf3. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do you hold a government accountable for crimes it refuses to acknowledge? Today's book, The International People's Tribunal for 1965 and the Indonesian Genocide (Routledge, 2019) emerges out of the International People's Tribunal for 1965. Rooted in a longer tradition of People's Tribunals, the IPT was an effort to remind civil society of the mass violence in Indonesia beginning in 1965 and to exert pressure on the Indonesian government and military to acknowledge the violence, hold perpetrators accountable and provide redress for victims. Today's guests played a prominent role in organizing and supporting the IPT. Their book serves as something of a history of the IPT and a summary of the evidence provided. But it also serves as kind of survey of the field at a critical moment in the study of the violence.In the interview, we talk about the IPT and its origin, organization and outcomes. We also try to situate the IPT in the broader context of scholarship about mass violence in Indonesia. And we talk about the interesting role of academics as public intellectuals and activists.Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Scorched Earth: Environmental Warfare as a Crime Against Humanity and Nature (Princeton UP, 2021), Emmanuel Kreike offers a global history of environmental warfare and makes the case for why it should be a crime. The environmental infrastructure that sustains human societies has been a target and instrument of war for centuries, resulting in famine and disease, displaced populations, and the devastation of people’s livelihoods and ways of life. Scorched Earth traces the history of scorched earth, military inundations, and armies living off the land from the sixteenth to the twentieth century, arguing that the resulting deliberate destruction of the environment—"environcide"—constitutes total war and is a crime against humanity and nature. In this sweeping global history, Emmanuel Kreike shows how religious war in Europe transformed Holland into a desolate swamp where hunger and the black death ruled. He describes how Spanish conquistadores exploited the irrigation works and expansive agricultural terraces of the Aztecs and Incas, triggering a humanitarian crisis of catastrophic proportions. Kreike demonstrates how environmental warfare has continued unabated into the modern era. His panoramic narrative takes readers from the Thirty Years' War to the wars of France's Sun King, and from the Dutch colonial wars in North America and Indonesia to the early twentieth-century colonial conquest of southwestern Africa. Shedding light on the premodern origins and the lasting consequences of total war, Scorched Earth explains why ecocide and genocide are not separate phenomena, and why international law must recognize environmental warfare as a violation of human rights.Dr. Emmanuel Kreike is a professor of history at Princeton University. He holds a Ph.D. in African history from Yale University (1996) and a Dr. of Science (PhD) in Tropical Forestry from the School of Environmental Sciences, Wageningen University (2006), the Netherlands. His research and teaching interests focus on the intersection of war/violence, population displacement, environment, and society. Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the Western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political scientist Lara Brown’s new book, Amateur Hour, is a complex and important multi-method study of the presidency, starting from the original conception of the office at the constitutional convention and George Washington’s role as the first occupant of the office. The centerpiece of Amateur Hour: Presidential Character and the Question of Leadership (Routledge, 2020) is the focus on our understanding—from the time of Washington, through Lincoln, to the contemporary period—of the role that character should play, but often has not, of late, in terms of the person elected to the White House and how they conduct themselves in the office and as a leader. Brown’s analysis interrogates the scholarship around the concept of presidential psychology and leadership, while unpacking the connections between leadership in this complicated elected office and how we have, more recently, elected presidents who are often lacking in experience, and why this is problematic.Amateur Hour integrates historical analysis of American political development alongside contemporary methodological tools developed to assess leadership qualities. Brown brings a deep knowledge of the presidency to the evaluation of our contemporary presidents, those elected post-Watergate, and compels the reader to consider the interaction of character, leadership, and the demands of the office on each of the individuals who has been elected to the presidency since 1976. Amateur Hour joins a growing stable of recent books that focus on the American presidency and those who have been elected to the office, with attention to some of the weaknesses we have come to observe in the constitutional structure and functioning of the Executive Branch.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

F. B. Chang and S. T. Rucker-Chang's Roma Rights and Civil Rights: A Transatlantic Comparison (Cambridge UP, 2020) tackles the movements for - and expressions of - equality for Roma in Central and Southeast Europe and African Americans from two complementary perspectives: law and cultural studies. Interdisciplinary in approach, the book engages with comparative law, European studies, cultural studies, and critical race theory. Its central contribution is to compare the experiences of Roma and African Americans regarding racialization, marginalization, and mobilization for equality. Deploying a novel approach, the book challenges conventional notions of civil rights and paradigms in Romani studies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The tradition of political liberalism has a long and complicated history, filled with twists, turns, critiques and responses that have filled books, essays and lectures for several centuries now. Questions of the importance and limitations of individual rights and how to balance different interests have produced no shortage of theoretical conflict as different figures have attempted to make sense of the importance and limits of individuals and their rights. Diving right into this debate is Matt McManus, returning again to the New Books Network to discuss his recent book A Critical Legal Examination of Liberalism and Liberal Rights (Palgrave, 2020). Going back as far as Burke, Hobbes, Kant and Locke, and then through critiques of liberalism from both radically progressive and reactionary orientations, the book traces the various ideas of liberalism up to the present in figures such as Habermas, Rawls and MacIntyre. It also posits it’s own understanding of liberalism, which emphasizes every individual's right to self-authorship as a central pillar for developing the liberal project. Crossing the fields of history, philosophy, political theory and law, the book offers a number of interventions across an array of fields, and will be of immense use to those seeking to understand some of the most pressing concerns of our time.Matt McManus is a professor of politics at Whitman College. He is the author of a number of books, including The Rise of Postmodern Conservatism, and is also one of the coauthors of Myth and Mayhem: A Leftist Critique of Jordan Peterson, both of which we discussed in previous episodes of this podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law